Montague Manufacturing Co. v. Homes Corp.

This was an action of assumpsit in which, after the declaration was filed and a demurrer thereto by the defendant was sustained, the court permitted the case to be transferred to the equity side of the court, with liberty to the plaintiff to amend his pleadings. A bill was filed by the complainant and a demurrer thereto by the defendant. Before any action was taken by the trial court, the ease was retransferred, by consent of parties, to the law side of the court, and the plaintiff *303was given leave to file an amended declaration. The amended declaration was filed, to which the defendant…